Samantha Brady v. HHS - HPV, Postural Orthostatic Tachycardia syndrome (“POTS”), autonomic dysfunction, transaminitis, inflammatory autoimmune disorder, along with a list of other symptoms (2022)

Samantha Brady, through her parents Janeen and Michael Brady, filed a petition on July 5, 2019, alleging that the HPV vaccine administered on July 13, 2016, and October 9, 2017, caused her to suffer from Postural Orthostatic Tachycardia Syndrome (POTS), autonomic dysfunction, transaminitis, and an inflammatory autoimmune disorder. The case was transferred to Chief Special Master Corcoran in January 2021.

After the petitioner filed an expert report, the respondent filed a motion to dismiss. Subsequently, the petitioner filed a status report indicating her intent to seek dismissal and then filed an unopposed motion to dismiss.

The petitioner acknowledged that she was unable to prove her claim under the Vaccine Program and understood that a judgment would be entered against her. The court noted that the petitioner could no longer avail herself of voluntary dismissal rules as the respondent had not stipulated to dismissal and the rule for concluding proceedings was not applicable.

The court applied RCFC 41(a)(2), which permits dismissal of claims at a petitioner's request on terms the court considers proper. As the petitioner acknowledged insufficient evidence to meet her burden of proof, her claim could not succeed and was dismissed.

The court ordered that judgment be entered in accordance with the decision, absent a motion for review.